LUTHER D. RAMOS

Received his Bachelor of Laws (Ll.B.) degree from the University of the Philippines in 2004, and his Bachelor of Science (Business Economics) degree from the same University in 1995 where he graduated cum laude. He also served as Legal Counsel to the Secretary of Energy from April 2006 to May 2007. He was admitted to the Philippine Bar in 2005.

Relevant Experiences

Energy Practice

  • Member of a team of consultants in relation to the project of the Asian Development Bank entitled, "Efficiency Improvement and Connectivity Strengthening In Archipelagic Southeast Asia (ASEA) Project (Renewable Energy And Energy Efficiency Component), the main objective of which is to identify several implementable and financially viable subprojects In the ASEA Region covering conventional and renewable energy, such as hydropower (ongoing). Work involves providing analysis of the legal and regulatory framework governing the power generation business, under the framework of the Renewable Energy Act particularly in relation to emerging technologies such as run-off river hydropower resources.
  • Acts as legal counsel to the International Finance Corporation in the development and implementation of the Department of Energy's program for the participation of the private sector in providing power supply in remote areas such as Siquijor, Basilan, Romblon, Marinduque, Tablas, and Masbate (2005 to present). Work primarily involves:
    • (i) preparation and filing of applications for approval of an implementing regulatory framework, particularly relating to availment of government subsidies and imposition of fees and rates;
    • (ii) coordination with transaction advisors, private sector, electric cooperatives, pertinent government agencies, and local government units especially in the drafting of contracts (i.e. Power Supply Agreement, Subsidy Agreement, Waiver Contract, and related documents); and
    • (iii) preparation of bidding procedures and documents and implementation of a transparent bidding process.
  • Acts as legal counsel to PetroGreen Energy Corp. in relation to its development of a geothermal power plant (ongoing). Work involves:
    • (i) providing analysis of the legal and regulatory framework governing the power generation business, focusing on its functions, obligations and privileges under the restructured Philippine electric power industry and under the framework of the Renewable Energy Act particularly in relation to geothermal power projects; and
    • (ii) preparation of report of findings, assessment on the legal standing/status of cases of lands to be used for geothermal operations, identification of the rightful owners of the land, including their heirs, if applicable, and recommendation/s on way forward.
  • Acts as legal counsel for Masinloc Power Partners Co. Ltd. (MPPCL) which has acquired the Masinloc Coal-fired thermal power plant of the National Power Corporation (2007 to present). Work primarily involves:
    • (i) providing advise on regulatory and legal matters affecting the Philippine electric power industry particularly those affecting the power generation business;
    • (ii) conduct of legal due diligence review of NPC assets and lands subject of PSALM privatization process;
    • (iii) preparation of power supply agreements and related contracts between MPPCL and various distribution utilities; and
    • (iv) preparation and filing of applications for approval of power supply agreements and compliance with regulatory requirements of the Energy Regulatory Commission.
  • As legal consultant to the Secretary of Energy, provided advise on legal matters affecting the energy sector, particularly in the following areas:
    • (i) crafting of legislative measures and implementing rules for the promotion of renewable and alternative energy sources, such as the Philippine Biofuels Act of 2007 and the Renewable Energy Act of 2008;
    • (ii) review of service contracts entered into by the Philippine government with private proponents for the utilization and development of renewable energy, such as pre-commercial and pre-negotiated commercial contracts for projects utilizing natural resources;
    • (iii) formulation of regulatory framework and policies in the upstream and downstream oil industry; and
    • (iv) restructuring of the Philippine power sector industry, including the sale of National Power Corporation's assets and establishment of the electricity spot market.

Oil and Gas Practice

  • Provided advice to Blade Petroleum Philippines, an Australian based company in relation to its exploration, development and operating contracts with the Department of Energy. Work includes review of the service contracts, farm-in arrangements including enforceability and assignability of the same; structuring and implementation of investments in the Philippine subsidiary.
  • Provided advice to Merrill Lynch of Singapore, an international financial institution in relation to the cross border financing of petroleum exploration, development and production of service contractors operating in the Philippines. Work involved review of service contracts and other project documents, review and drafting of finance documents and security arrangements and assistance in closing.

Water Law Practice

  • Acts as legal consultant to EDCOP in relation to the project of Manila Water Company Inc., entitled Feasibility Study and Development of a Master Plan for the Clearing and Recovery Project of the Existing MWSS/MWCI right of ways (ongoing). Work involves:
    • (i) providing advise on legal/regulatory matters affecting the Philippine water sector;
    • (ii) review of current laws and policies regarding land acquisition, clearing of waterways/right of ways from obstructions and resettlement of affected informal settlers; and
    • (iii) as part of a comprehensive waterways action plan, draft issuances and guidelines for the implementation of an effective clearing and resettlement/relocation plan, consistent with existing laws and requirements of financial institutions such as the World Bank, to avoid or mitigate adverse impacts to affected families and communities.
  • Acts as legal counsel to the winning bidder of the Angat Hydroelectric Power Plant (January 2010 to present). Work involves providing advise on legal/regulatory matters governing the Philippine water and energy sector, including:
    • (i) restrictions and permitting requirements on the utilization of water resource for hydropower development, and management of watershed;
    • (ii) review contracts such as water protocol, rule curve and operating guidelines, dam discharge warning manual, flood warning manual, and other documents related to the operation and maintenance of the Angat dam and its appurtenant devices and structures; and
    • (iii) advise on the responsibilities of parties engaged in the operation of a hydroelectric power plant and its non-power components, and applicable regulatory and compliance requirements.

Labor and Litigation Practice

  • Handled cases related to the collection of non-performing loans assigned to clients under the Philippine Special Purpose Vehicles Act.
  • Involved in labor and other aspects of litigation practice (civil, criminal, appellate and administrative litigation), including, court and other administrative tribunal appearances, arbitration, mediation and conciliation proceedings.

Corporate and Commercial Law Practice

  • Assists in various corporate transactions for the law firmís clients, including contract review and drafting documents for various corporate transactions and corporate filings (2005 to present).

Intellectual Property and Information Technology Law

  • Assists in the processing of applications for registration of trademark and other intellectual property rights (2005 to present).